alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION S

Cause number: 01

- 1 8

- 00 485

- C V

Style: In the Interest of K.L.W., A Child

Date motion s filed * : Ju ly 2 7 , 2018

Type of motion s : Motion to transfer case to another court of appeals and motion to

proceed as pro se and s pecial a ppearance

Part y filing motion s : Pro se A ppell ant s Brandy Brenay Charles and Ronald Dwayne

Whitfield

Document to be filed: N/A

Ordered that motion i s:  Granted
☒ Denied

☒ Dismissed ( e.g. , want of jurisdiction, moot )

☐ Other: A fter the Texas Supreme Court’s July 30 , 2018 Order denied appellants’ pro se request to transfer this case, th eir motion is denied . Juliane Crow filed a notice of appearance for appellant Brandy Brenay Charles in this Court on Ju ly 30 , 2018, noting that the trial court had appointed her as appellate co

- counsel for Charles on July 10, 2018, and the supplemental clerk’s record includes the other July 10, 2018 order ap pointing Valeria Brock as appellant Ronald Whitfield’s appellate counsel. Because Charles and

Whitfield are not entitled to hybrid representation, t he ir motion s to proceed as pro se and special appearance s are dismissed as moot

. See, e.g.

, In re D.W. , 445 S.W.3d 913, 915 n.1 (Tex. App.

— Dallas 2014, pet. denied) (declining to consider pro se brief filed by mother in termination case after her counsel had filed brief).

______________________

Judge’ s signature:

_

/s/ Laura Carter Higley

_ X Acting individually Acting for the Court

Date: August 2, 2018

_
Figure 2.3. Two-dimensional model results depicting velocity magnitude and direction between 63rd Street and Blue Parkway.

94°31'50" 94°31'40" 94°31'30" 94°31'20" 94°31'10"

39°01'20"

39°01'30"

39°01'40"

0 50 100 150 200 METERS

0 200 400 600 800 FEET

Hardesty

Brighton

Avenue

Avenue

EXPLANATION

VELOCITY VECTOR—Indicates direction of flow and

 color represents magnitude, in feet per second

 >, greater than

0 to 2

>2 to 4

>4 to 6

>6 to 8

NOTE: Upstream boundary condition at 63rd Street Bridge: 

 discharge equals 20,110 cubic feet per second

 

 Downstream boundary condition at lower Blue Parkway Bridge:

 stage elevation equals 754 feet

Base from Jackson County Management Information Systems digital data, 1:833, 2003

Universal Transverse Mercator projection

Zone 15

Horizontal coordinate information is referenced to the 

North American Datum of 1983 (NAD83)
### §290i–2. Director or Alternate Director; allowances

(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.

(b) The Director or Alternate Director representing the United States, if citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].

(Pub. L. 97–35, title XIII, §1334, Aug. 13, 1981, 95 Stat. 741; Pub. L. 112–166, §2(z)(2), Aug. 10, 2012, 126 Stat. 1289.)

#### **Editorial Notes**

#### References in Text

The Foreign Service Act of 1980, referred to in text, is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

#### Amendments

2012—Pub. L. 112–166 added subsec. (a) and designated existing provisions as subsec. (b).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

#### **Executive Documents**

#### Delegation of Functions

Functions of President under this section delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
### §262p–4l. Improvement of interaction between International Bank for Reconstruction and Development and nongovernmental organizations

#### (a) In general

The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to propose, and urge the Executive Board and the management of the bank to develop and implement 1 specific mechanisms designed to—

(1) substantially improve the ability of the staff of the bank to interact with nongovernmental organizations and other local groups that are affected by loans made by the bank to borrower countries; and

(2) delegate to the field offices of the bank in borrowing countries greater responsibility for decisions with respect to proposals for projects in such countries that are to be financed by the bank.

#### (b) Certain mechanisms urged

The mechanisms described in subsection (a) shall include, at a minimum, the following measures:

(1) An instruction to the management of the bank to undertake efforts to appropriately train and significantly increase the number of bank professional staff (based in Washington, District of Columbia, as of November 5, 1990) assigned, on a rotating basis, to field offices of the bank in borrower countries.

(2) The assignment to at least 1 professional in each field office of the bank in a borrower country of responsibility for relations with local nongovernmental organizations, and for the preparation and submission to appropriate staff of the bank of a report on the impact of project loans to be made by the bank to the country, based on views solicited from local people who will be affected by such loans, which shall be included as part of the project appraisal report.

(3) The establishment of the Grassroots Collaboration Program described in section 262p–1(a) of this title.

(4) Before a project loan is made to a borrower country, the country is to be required to hold open hearings on the proposed project during project identification and project preparation.

(5) The establishment of assessment procedures which allow affected parties and nongovernmental organizations to review information describing a prospective project or policy loan design, in a timely manner, before the loan is submitted to the Executive Board for approval.

(Pub. L. 95–118, title XVI, §1617, as added Pub. L. 101–513, title V, §562(a)(2), Nov. 5, 1990, 104 Stat. 2032.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 1617 of Pub. L. 95–118 was renumbered section 1622 and is classified to section 262p–5 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Definitions

The definitions in section 262p–5 of this title apply to this section.

1 So in original. Probably should be followed by a comma.
### §1171. Drug abuse prevention function appropriations

Any request for appropriations by a department or agency of the Government submitted after March 21, 1972, shall specify (1) on a line item basis, that part of the appropriations which the department or agency is requesting to carry out its drug abuse prevention functions, and (2) the authorization of the appropriations requested to carry out each of its drug abuse prevention functions.

(Pub. L. 92–255, title IV, §404, Mar. 21, 1972, 86 Stat. 77.)
<PAGE>

                                                                    EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Solely for the purpose of complying with 18 U.S.C. ss.1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Chief
Executive Officer of Alliance Pharmaceutical Corp. (the "Company"), hereby
certify, based on my knowledge, that the Quarterly Report on Form 10-QSB of the
Company for the three months and six months ended December 31, 2004 (the
"Report") fully complies with the requirements of Section 13(a) of the
Securities and Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

Date:  February 14, 2005



BY:  /s/ DUANE J. ROTH
     ------------------------------
         Duane J. Roth
         Chief Executive Officer
§ 422.842 Liquidation of collateral. ( a ) ( 1 ) If the debtor fails to pay the debt(s) within a reasonable time after demand and if such action is in the best interests of the United States, we will liquidate security or collateral through the exercise of a power of sale in the security instrument or a non-judicial foreclosure and apply the proceeds to the applicable debt(s).
( 2 ) Collection from other sources, including liquidation of security or collateral, is not a prerequisite to requiring payment by a surety, insurer, or guarantor unless such action is expressly required by statute or contract.
( 3 ) We will give the debtor reasonable notice of the sale and an accounting of any surplus proceeds and will comply with other requirements under law or contract.
( b ) Where there is reason to believe that a bankruptcy petition has been filed with respect to a debtor, we will contact the Office of the General Counsel for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. 362, and the procedures for obtaining relief from such stay prior to proceeding under paragraph (a) of this section.
#### Peter Frame *v.*B. M. August *&*Son.

1. Statute oe *Frauds—promise to pay the debt of another.*A promise by the assignee of a note taken for collection, to pay the debt of the assignor, not in writing, and without any consideration, and without any contract between him and the assignor, is within the Statute of Frauds and not binding.

2. To make a promise of a party to pay the debt of another binding, it must be in writing and founded upon a consideration passing from the promisee, or based upon a contract between the promisor and the original debtor.

Appeal from the Circuit Court of Scott county; the Hon. Cyrus Epler, Judge, presiding.

This was a suit originally brought before a justice of the peace, by B. M. August & Son, against Peter Frame and John Frame. On the trial in the circuit court, the suit was dismissed as to John Frame, and judgment rendered in favor of the plaintiffs, against Peter Frame, on his verbal promise to pay the debt of John Frame.

*425Messrs. Warren & White, for the appellant.

Mr. John G. Henderson, for the appellees.

Mr. Justice Scott

delivered the opinion of the Court

We arc unable to discover any tenable ground upon which the present judgment can be maintained. It appears John Frame was indebted to plaintiffs on a promissory note. Some three or four months after the date of the note, plaintiffs, or one of them, ascertained that their debtor, who was not considered responsible, had had a note on Jonathan Young, but which he had previously assigned to defendant for collection, and an attempt was made to get defendant to indorse John Frame’s note to plaintiffs. Defendant refused to indorse the note, but said he -would pay it or see it paid. That promise was clearly within the Statute of Frauds, and is not enforceable against defendant. It was not reduced to writing, nor was there any consideration passing from plaintiffs or any one else to defendant to support such promise, both of which were indispensable to bind defendant.

Nor can the other theory of the case be maintained. There is not a particle of evidence of any contract between John Frame and defendant, by which the latter, for any consideration, agreed with the former to pay his debt to plaintiffs, upon which plaintiffs could maintain an action. According to plaintiffs’ testimony, defendant expressly refused to obligate himself in writing to pay John Frame’s debt to them, but verbally promised to do so. Other witnesses testify to the same thing and nothing more. Such a promise is within the Statute of Frauds and is voidable at the election of defendant.

The judgment will be reversed and cause remanded.

*Judgment reversed.*
CONFIDENTIAL BUSINESS INFORMATIONDC01PD GP 585G82Part II: Human Exposure and Environmental ReleaseAttachment # 003Section A: Industrial Sites Controlled by GPOperation Description - SANITIZEDKG TOTAL CHARGEREFLUX CONDENSERREACTORNew ChemicalSubstance -- kgWater -- kg
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
interim condensed consolidated financial statements of Dental/Medical Diagnostic
Systems, Inc. as of and for the six-month period ended June 30, 1999 included in
this report on Form 10-QSB and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK>                         0000738194
<NAME>                        ENTAL/MEDICAL DIAGNOSTIC SYSTEMS, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S Dolars

<S>                                           <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-1-1999
<PERIOD-END>                                   JUN-30-1999
<EXCHANGE-RATE>                                1.5765
<CASH>                                         2,701,144
<SECURITIES>                                   0
<RECEIVABLES>                                  6,739,542
<ALLOWANCES>                                   65,975
<INVENTORY>                                    8,350,968
<CURRENT-ASSETS>                               20,717,877
<PP&E>                                         1,873,919
<DEPRECIATION>                                 618,687
<TOTAL-ASSETS>                                 24,468,292
<CURRENT-LIABILITIES>                          12,373,734
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       54,419
<OTHER-SE>                                     11,908,713
<TOTAL-LIABILITY-AND-EQUITY>                   24,468,292
<SALES>                                        21,178,379
<TOTAL-REVENUES>                               21,178,379
<CGS>                                          10,139,525
<TOTAL-COSTS>                                  7,690,061
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             631,173
<INCOME-PRETAX>                                2,784,531
<INCOME-TAX>                                   161,080
<INCOME-CONTINUING>                            2,623,451
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,623,451
<EPS-BASIC>                                  .49
<EPS-DILUTED>                                  .36



</TABLE>
EXHIBIT 99.1 - ANNUAL FUNDS APPLICATION STATEMENT




                              [LOGO] JPMORGAN


June 30, 2005

    Hartford Life Global Funding Trusts - Annual Funds Application Statement

I, Albert P. Mari, Jr., being a duly appointed officer of JPMorgan Chase Bank,
N.A. ("Indenture Trustee"), do hereby certify on behalf of the Indenture
Trustee, that, with respect to Hartford Life Global Funding Trust 2005-059:





         1. I have reviewed and examined the application by the Indenture
Trustee, during the fiscal year ending June 15, 2005; of trust money collected
by the Indenture Trustee pursuant to Section 5.02 of the Indenture, pursuant to
which the trust's notes (the "Notes") were issued; and

         2. Based upon my review and examination, to the best of my knowledge,
during such fiscal year, the trust money collected by the Indenture Trustee was
properly applied, pursuant to Section 5.02 of the Indenture.

         Nothing herein shall constitute a representation as to the proper
application by the registered holder of the Notes or the trust of the trust
monies received by it.



JPMORGAN CHASE BANK, N.A., as Indenture Trustee
Worldwide Securities Services
4 New York Plaza, 15th Floor
New York, NY 10004


/s/ Albert P. Mari, Jr.


Name:  Albert P. Mari, Jr.
Title: Vice President


<TABLE>
<S><C>
JPMORGAN CHASE BANK o Institutional Trust Services o 4 New York Plaza, Floor 15, New York, NY 10004
</TABLE>
#### In the Matter of the Claim of Paul Oddi, Respondent, against Cabaret Hurricane et al., Respondents, and Colony Restaurant, Inc., et al., Appellants. Workmen’s Compensation Board, Respondent.

Appeal from a decision and award of the Workmen’s Compensation Board in favor of the claimant, awarding compensation for disability caused by an occupational disease. The hoard has found that the claimant became disabled as a result of Dupuytren’s contracture of the left hand, which was an occupational disease contracted as result of his employment as a cook, within twelve months prior to the date of *1036disablement fixed as April 28, 1945. There is not a scintilla of evidence to support the finding that the disease was contracted within such period. On the contrary, the evidence definitely establishes that the condition existed and was diagnosed as Dupuytren’s contracture at least as early as November 16, 1943, while claimant was employed by another employer. The claim is, therefore, barred under the provisions of section 40 of the Workmen’s Compensation Law. Award reversed on the law and claim dismissed, without costs. Brewster, Foster and Deyo, JJ., concur; Hill, P. J., and Heffernan, J., dissent.
#### In the Matter of Joseph Gemelli et al., Appellants, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents.

In a proceeding to review a determination of respondent hoard of standards and appeals, which revoked the approval by the borough superintendent of the department of housing and buildings, borough of Queens, of plans and a permit for appellants’ property, they appeal from an order which granted respondents’ motion to vacate the order of certiorari theretofore issued, dismissed the petition and affirmed the determination of the hoard of standards and appeals. Appellants are the owners of premises located in an area zoned as a local retr.il district. The use approved by the borough superintendent was as a yard for contractor’s tools, appliances and supplies of brick, cement and cinder blocks, necessary for the conduct of appellants’ business as general contractors, and for the sale of such materials at retail. The construction approved was a cement-block enclosing wall around the plot, a small office building and a four-car garage. Order reversed *on*the law and the facts, with $25 costs and disbursements, the motion denied, the determination of the hoard of standards and appeals reversed and annulled, and the decision of the borough superintendent reinstated and confirmed. It is conceded that the only provision of the zoning resolution which might he construed as a prohibiton against appellants’ proposed use of their property is subdivision (k) of section 4-B thereof, which is made applicable to local retail districts by section 4-C. That subdivision, insofar as is here involved, prohibits a “Warehouse or storage plant” in such local retail districts. Applying the principle that zoning laws are to be strictly construed, since they are in derogation of common-law rights, and that their provisons *may*not be extended by implication *(Matter of Monument Garage Corp.*v. Levy, 266 N. Y. 339, 344; *Matter of 440 E. 102nd St. Corp.*v. *Murdoch,*285 N. Y. 298, 304), we are of the opinion that appellants’ contemplated use was not ihat of a warehouse or storage plant within the purview of the zoning resolution; and was, therefore, not a prohibited use in a local retail district, Lewis, P, J,, Cars-well, Adel, Sneed and Wenzel, JJ., concur.
###### Editorial Note on Part 416

#### Editorial Note:

Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

#### § 416.1248 Exclusion of gifts to children with life-threatening conditions.

In determining the resources of an individual who has not attained 18 years of age and who has a life-threatening condition, we will exclude any gifts from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. We will exclude any in-kind gift that is not converted to cash and cash gifts to the extent that the total gifts excluded pursuant to this paragraph do not exceed $2000 in any calendar year. In-kind gifts converted to cash are considered under income counting rules in the month of conversion.

[70 FR 41139, July 18, 2005]
### §2396b. USAID Buying Power Maintenance Account

(1) Consistent with paragraph (2), there is hereby established in the Treasury of the United States the "USAID Buying Power Maintenance Account".

(2) Up to $50,000,000 of expired or unexpired discretionary unobligated balances appropriated for this and for any succeeding fiscal year under the heading "Operating Expenses" may be transferred to, and merged with, the account established pursuant to paragraph (1) not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: Provided, That amounts deposited in such account shall be available until expended for the purposes of offsetting adverse fluctuations in foreign currency exchange rates or overseas wage and price changes to maintain overseas operations, in addition to such other funds as may be available for such purposes: Provided further, That amounts from such account may be transferred to, and merged with, funds appropriated under titles II and III of this Act or subsequent Acts making appropriations for the Department of State, foreign operations, and related programs for such purposes: Provided further, That any specific designation or restriction contained in this Act or any other provision of law limiting the amounts available that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels: Provided further, That transfers pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations.

(Pub. L. 118–47, div. F, title VII, §7069(a), Mar. 23, 2024, 138 Stat. 849.)

#### **Editorial Notes**

#### References in Text

Titles II and III of this Act, referred to in par. (2), means titles II and III of div. F of Pub. L. 118–47, Mar. 23, 2024, 138 Stat. 739, 740. See section 3 of Pub. L. 118–47, set out as a References in Pub. L. 118–47 note under section 1 of Title 1, General Provisions.

This section, referred to in par. (2), was in the original "this subsection", meaning subsec. (a) of section 7069 of title VII of div. F of Pub. L. 118–47. Subsec. (b) of section 7069 was not classified to the Code.

#### Codification

Section was added as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024, and also as part of the Further Consolidated Appropriations Act, 2024, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.